How to File an Asbestos Lawsuit
Once a victim's lawyer files an asbestos lawsuit, the defendants have 30 days to respond. The majority of defendants will deny the allegations and offer a settlement to settle before the trial starts.
However the verdict of a trial typically will result in higher payouts than settlement offers or trust fund claims. Patients should choose an attorney firm with experience handling mesothelioma cases.
The History of Asbestos Litigation
Asbestos, a fibrous mineral found in nature, can cause a variety of health issues. Due to its strength, fire-retardant capabilities and low cost, asbestos was utilized in numerous products until the mid-1970s. Asbestos use soared in the United States during this time and continues to be present in a variety of older structures and buildings across America. Asbestos is associated with mesothelioma and lung conditions, and several types of cancer. Asbestos lawsuits are the longest-running mass tort in the country's history.
Asbestos lawsuits are a result of the fact that exposure to asbestos can lead to debilitating and serious health issues, like mesothelioma. It is a serious lung disease that can develop over the course of time. Manufacturers knew that asbestos posed risk to both workers and consumers, however they did not make it clear. Therefore asbestos victims are able to claim compensation from the makers of these dangerous products.
The defendants in asbestos lawsuits employ various tactics to avoid paying compensation. This can include filing frivolous motions, hoping that you will die or give up before the case is settled. However, our mesothelioma lawyers are skilled at thwarting such efforts and ensuring your claim moves forward.
A major development in asbestos litigation was the publication of The Restatement of the Law of Torts, which stated that anyone who sells a product is dangerous to someone else is liable for any damages suffered by that person. This ruling opened up the floodgates of asbestos lawsuits.
Another development was the discovery hidden documents which revealed that asbestos manufacturers attempted to hide the dangers of asbestos. These documents were used by plaintiffs in court to prove their claims against asbestos companies.
Many asbestos manufacturers escaped litigation by declaring bankruptcy. When a company declares bankrupt, it can set money aside in trusts that provide settlements to asbestos victims. However, the amount a company pays in bankruptcy proceedings is minimal when compared to the amount that can be recovered in a civil suit.
However asbestos defendants are also often known to employ "experts", who would assist them in court by publishing and conducting research paid for by the asbestos industry. This was a deliberate attempt to undermine the research-based evidence that asbestos exposure of any kind could cause mesothelioma.
Suits Types
Many people who suffer from mesothelioma or other asbestos-related ailments did not realize they were exposed to the dangerous substance. Some companies that made asbestos-containing products were aware of the risks but decided to put profits before human life. They did not divulge the information with the general public. If you or someone close to you has been diagnosed with an asbestos-related disease, you can sue the responsible company and receive compensation from an asbestos trust.
Asbestos lawsuits are civil suits. They can also involve personal injury or breach of contract. A judge is the judge in these cases, and parties can make motions and other pleadings in the duration of the litigation.
Statute of limitations
The statute of limitations for asbestos or the time frame to file a lawsuit against someone who is negligent and liable, differs from state to state. In general, personal injury cases must be filed within a period of three years from the time a victim's symptoms first appear. Particular rules are in place for mesothelioma situations. Mesothelioma is a rare disease that typically does not manifest until years after asbestos exposure. It is for this reason that victims and their families require the assistance of a mesothelioma lawyer to ensure they file their claim on time.
Asbestos sufferers are in a unique position. The majority of personal injury claims deal with accidents or injuries. Redding asbestos lawyer considers mesothelioma as well as other asbestos-related diseases as resulting from "disability," meaning that patients may not be aware or understand the severity of their ailments until they've already suffered a significant loss. This is why asbestos statutes of limitation have an extended discovery rule to account for the delay between the date of exposure and the first manifestation of symptoms.
Another aspect that influences the time frame for an asbestos case is the location of the person who was injured or deceased. This is because certain states have an extended statute of limitations than others. In these cases, an attorney for mesothelioma who is aware of the proper jurisdiction and can assist the victims to file a claim in that state is crucial.
Medical records and reports that correspond to the diagnosis of asbestos-related cancer or disease are also crucial in determining when a limitation period begins. A mesothelioma lawyer may examine the asbestos victim's work history to find potential places where asbestos exposure may have occurred.
Finally, it is important to keep in mind that statutes of limitations may differ depending on the type of claim and even the asbestos manufacturer or employer. Many asbestos manufacturers have closed or been sold to a different company. To receive the maximum compensation for asbestos-related illnesses or injuries, victims will require preparation to file multiple lawsuits. A mesothelioma lawyer can assist victims determine the best plaintiffs for their lawsuit by analyzing various types of claims.
Jury Verdicts
The asbestos lawsuit victims are awarded compensation by a judge or jury. The amount of the verdict may be higher or lower than a settlement agreement reached between the victim and the company.
Asbestos litigation often involves multiple defendants. Plaintiffs' attorneys are seeking justice for victims by seeking the maximum amount of compensation from defendants who contributed to expose their clients to asbestos. It is essential to choose attorneys who have expertise in asbestos and know how to explain technical and complex issues to laypeople in a way that is easy to comprehend.
In recent years the most significant jury verdicts in asbestos cases have been based on multi-district litigation, where there are multiple cases that are consolidated for trial in one venue. This allows for economies-of-scale and an easier process for both sides. It also allows the jury to observe a consistent outcome.
The "state of the art" defense is a matter that may arise in multi-district litigation. This defense says that a manufacturer is not liable for damages when they knew at the time of purchase that the product was hazardous or, alternatively, a seller could have uncovered this information through a reasonable inquiry. The standard is set by the Restatement (Second) Section 402A. Comment j.
Often, an asbestos victim may have had a lesser illness such as asbestosis before developing the more serious cancer of mesothelioma. As the symptoms of mesothelioma resemble other breathing diseases, it is essential that asbestos lawyers have medical experts to differentiate between the two types of cancer.
Kazan McClain Satterley & Greenwood has, for instance, won a $12,000,000 verdict in 2019 against Johnson & Johnson & Colgate-Palmolive on behalf of an employee who died from mesothelioma. The jury's award for the victim and her husband was substantially higher than previous verdicts for this case, despite defendants' argument that smoking increased the risk of lung cancer from her asbestos exposure.